34 C.F.R. § 99.5

What are the rights of students?

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(a)(1) When a student becomes an eligible student, the rights accorded to, and consent required of, parents under this part transfer from the parents to the student.

(2) Nothing in this section prevents an educational agency or institution from disclosing education records, or personally identifiable information from education records, to a parent without the prior written consent of an eligible student if the disclosure meets the conditions in § 99.31(a)(8), § 99.31(a)(10), § 99.31(a)(15), or any other provision in § 99.31(a).

(b) The Act and this part do not prevent educational agencies or institutions from giving students rights in addition to those given to parents.

(c) An individual who is or has been a student at an educational institution and who applies for admission at another component of that institution does not have rights under this part with respect to records maintained by that other component, including records maintained in connection with the student's application for admission, unless the student is accepted and attends that other component of the institution.

(Authority: 20 U.S.C. 1232g(d)) [53 FR 11943, Apr. 11, 1988, as amended at 58 FR 3188, Jan. 7, 1993; 65 FR 41853, July 6, 2000; 73 FR 74852, Dec. 9, 2008]

Notes of Decisions

Cited in 1 case, 2016–2016 · leading case: Kendrick v. Advertiser Co., 213 So. 3d 573 (Ala. 2016).

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Kendrick v. Advertiser Co., 213 So. 3d 573 (Ala. 2016). “§ 1232g(d); see 34 C.F.R. § 99.5 (a)(1). Because ASU is a postsecondary educational institution, only the student's consent is required for release of the student's financial-aid form.”

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